Wednesday, April 3, 2013

Tzanakopoulos & Tams: Domestic Courts as Agents of Development of International Law

Antonios Tzanakopoulos (Univ. of Oxford - Law) & Christian J. Tams (Univ. of Glasgow - Law) have posted Domestic Courts as Agents of Development of International Law (Leiden Journal of International Law, forthcoming). Here's the abstract:
The introductory paper to a symposium issue of the Leiden Journal of International Law, edited by the authors, dealing with the function of domestic courts as agents for the development of international law. The paper "sets the scene" for the contributions to the symposium, which seek to trace the impact of domestic courts in the development of canonical areas of international law, such as jurisdiction, immunity, state responsibility, the law of international organizations/human rights, and the law of armed conflict/conduct of hostilities. It discusses the formal quality and actual influence of domestic court decisions on the development of international law, and introduces the concept of "agents" of international law development. This is the analytical perspective that the contributions to the symposium adopt.